Photography Session Contract
This Photography Session Contract (hereinafter the “Agreement”) page comprises the entire understanding between both the Client(s) (“Client(s)”) and Photography by Courtney Mitchell (“Photographer”). In consideration of the mutual obligations specified in this Agreement, the parties, intending to be legally bound hereby, agree to the following:
Confirmation of Booking
Clients are required to pay a non-refundable deposit of $50 before the photographer confirms and reserves the requested services except for;
Monthly Mini Memories and all other sessions under $100 which do not require a non-refundable deposit.
Wedding Series sessions which require a $200 non-refundable deposit.
Scope of Services
Clients will retain the Photographer and the Photographer agrees to provide Clients with certain products and services set forth in the confirmed booked session (“Services”). Details required by Clients outside in the scope of Services including location will be collected via email, facebook messenger, or Pre-Session Consultation Questionnaire prior to receiving Services.
Pre-Session Consultation
Clients will receive a questionnaire relating to their Services via email shortly after the confirmation of booking. This questionnaire is an opportunity for the Photographer to identify details and expectations of the Clients, relating to the booked session. In response, the Photographer may offer advise and provide recommendations to assist with “day-of” scheduling.
Clients who have booked a Wedding Series session will receive 2 (two) pre-session consultations from the Photographer;
After confirmation of booking.
After the engagement session.
If necessary, Clients who have booked a Wedding Series session may request to schedule a final consultation prior to the wedding session to go over the finalized schedule and details of the day.
Clients Obligations (For Wedding Series sessions ONLY)
Clients acknowledge and agree to undertake the actions detailed below, as a condition precedent to the Photographer’s contractual obligations. As such, Clients agree to the following:
The Photographer will be allowed one 15 minute break at their own discretion and bathroom breaks whenever necessary. The Photographer shall be provided a meal for sessions lasting longer than five hours. If a meal is not provided, the Photographer reserves the right to go off-site for a meal for 45 minutes.
Clients agree that no other professional photographer(s) will be hired by the Client or located on site photographing during the Wedding or related events unless otherwise approved by the Photographer.
Many guests will want to take their own photographs of the Clients. The Clients understand the importance of and agree to give the Photographer precedence over wedding guests in order to fulfill the requirements of this agreement, as described elsewhere on this page. The Photographer will not be held liable for missed photographs that are a result of interruptions and obstructions that interfere with photographing the day.
Clients agree to keep the Photographer informed of any modifications, material change, and/or other changes and updates. Clients shall notify the Photographer of any contemplated date or location changes at least thirty (30) days before implementing said changes. In the case of a date and location change, the Photographer may not be available due to prior engagements but will try to accommodate to the best of their ability.
It is recommended that a designated assistant (such as a family member or member of the wedding party) be provided to the Photographer. Clients will identify the assistant prior to the commencement of the session. The assistant will help identify key individuals that are expected to be photographed. The Clients also agree to provide the Photographer with sufficient advance notice of key events. thereby providing the Photographer with adequate time to prepare for events such as the bouquet toss. cake cutting and speeches. etc. Please note that some wedding guests will decline offers to be photographed. In such cases the Photographer will use their discretion but cannot be held responsible for a lack of photos of these persons.
Cooperation
The Clients and the Photographer agree to fully communicate in an effort to achieve the best possible outcome within the understanding of this Agreement. The Photographer shall coordinate with the Clients on all photography matters with regard to the Services and shall plan and discuss flow of Services as is shall happen on the date of booked session.
The Photographer shall have the right and entitlement to enforce all necessary actions in order to actualize all plans relating to the Services, provided however that the Photographer consults with the Clients first and receives consent.
Schedule
The collaborative efforts of the Clients and Photographer to plan and schedule photographic coverage session is designed to result in the production of memorable photographs, capturing the most important moments. Both the Clients and the Photographer are in agreement that cooperation, communication and good faith efforts to adhere to the schedule are essential to producing the best possible results. In cases where the session does not adhere to the schedule (whether from tardiness, forces of nature, acts of God, etc.) the Photographer will make every effort to compensate so as to make the best of the given circumstances but cannot guarantee that the quality of the work produced would be as high as it otherwise would be, absent the scheduling delays, disruptions, and changes.
House Rules
Please note that photography professionals may sometimes be limited by rules imposed by registrars, ministers, venue management, and local bylaws as to what can and cannot be done. In some situations there may be limitations on flash photography, and in others, photographers may be prohibited from working in restricted areas. In such circumstances the Clients accept that these encumbrances will restrict the quality of work produced. It is advised that the Clients make themselves aware of the rules, and if necessary, negotiate for fewer and/or more favorable restrictions.
Payment
Any remaining balance owed for the Services are required to be paid in full prior to the date of the booked session. For Clients who booked a Wedding Series session, 50% of the session cost, which includes the non-refundable deposit, is required to be paid a minimum of 4 weeks prior to the booked wedding date.
Payment must be made to the Photographer by e-transfer, cash, cheque, or any other approved method of payment accepted by the Photographer. While cash and cheques are recommended to be delivered in person, if necessary, the Photographer may provide a mailing address upon the Clients reasonable request. E-transfers should be exclusively made to Memories@PhotosByCM.com, where an auto-deposit function has be applied to eliminate the requirement of a security question and answer.
Should Clients, at any time, request any additional product and/or service outside of the scope of Services provided by this Agreement, it shall be approved by the Photographer. Any additional product and/or service agreed to and additional fees that shall follow are due prior to receiving said product and/or service.
In the event that any of the above payment requirements be met, Clients understand the booked session will be immediately cancelled and follow the terms set out in the Cancellation Policy.
Photograph Editing
All photos taken by the Photographer during a session and selected by the client, except for Wedding Series sessions, will have basic edits including contrast, lighting, and crop. Clients may request to have additional custom retouching done to any photo taken by the photographer at an additional cost. Custom retouching includes, but is not limited to removing wrinkles, bags under eyes, and whitening teeth.
Completion and Deliverables
The Photographer shall provide digital proofs, via an online gallery, of all editable photos taken during the session within 24 hours of the session, except for Wedding Series sessions. The Client may then select the photos they would like to have edited and the Photographer will update the Clients online gallery, and activate the mobile app (where applicable), with the selected photos within 15 days of confirmation of selected proof photos. Should the number of photos selected exceed the limit indicated in the Service, an additional cost will be required to be paid prior to receiving the additional edited photos.
For Wedding Series sessions, the Photographer shall provide photos taken during the included engagement session in the same manner as described above. The Photographer shall provide 20 edited digital photos taken during the wedding session, via an online gallery and mobile app, within 15 days of the session to highlight the major events throughout the day. All remaining photos taken during the wedding session shall be added to the online gallery and mobile app within 45 days of the session.
The Photographer shall provide all printed photos and products within 30 days of confirmation of selected proof/edited photos. Clients must redeem print credits or bonus prints/products within one year of the session, after which time they become null and void.
Online Gallery and Mobile App
Clients will have access to the online gallery for one year following the date of completion of services. Should a Client require photos from an online gallery after access has been closed, the Photographer may provide them upon reasonable request, and may required an additional cost depending on said request. Clients who receive access to a mobile app gallery as part of their Service will have lifetime access to said app.
Cancellation Policy
Clients may cancel this Agreement, for any reason. If the session is canceled, refunds are limited to unearned Photographer Fees, funds in excess of unused or non-refundable fees, and additional product and/or service expenses.
In the event the session is canceled, the Photographer Fee will be deemed earned for the actual time the Photographer has dedicated to the Client and the session. Upon cancellation, the Client will be entitled to a refund of any monies paid, except for the non-refundable deposit and the Photographer Fee.
Additionally, the Photographer may cancel this Agreement at any time. In such an event, the Photographer must provide a comparable replacement Photographer, subject to Clients express consent.
If the Clients would not like to use the replacement provided, the Photographer shall refund all monies previously paid by the Clients, including the non-refundable deposit.
In the event of cancellation, the Clients and the Photographer shall agree and declare in writing that this Agreement has been terminated and will no longer remain in effect. All outstanding obligations of the Photographer to the Clients shall be deemed void and invalid.
Termination
This Agreement shall naturally terminate upon the end of services, and upon the completion of the Photographers performance of all duties and obligations toward the Clients.
Indemnification
Clients will hold harmless and indemnify the Photographer against any and all claims and actions arising out of the activities related to the session, or resulting from the activities during the event, including, but not limited to any related events arising from this Agreement.
Copyright
The Clients recognize that the Photographer is producing works made for hire and that the copyright of all photographs is retained by the Photographer. Permission is granted to the Clients to reproduce and make use of the Photographs under the following conditions. The use of any images by the Client is permitted provided the use is restricted to the Clients personal use and the personal use by the Clients friends and family. Prior written permission from the Photographer is required for any sale, publication or commercial use of the photographs. For more information relating to copyright, please refer to the Print Release page.
Notice
All notices or requests required or contemplated by this Agreement shall be in writing as such notice shall be delivered via email.
Dispute Resolution
Parties to this Agreement shall first attempt to settle any dispute through good-faith negotiation. If the dispute cannot be settled between the parties via negotiation, either party may initiate mediation or binding arbitration in the Province of Ontario
If the parties do not wish to mediate or arbitrate the dispute and litigation is necessary, this Agreement will be interpreted based on the laws of the Province of Ontario, without regard to the conflict of law provisions of such province. The Parties agree the dispute will be resolved in a court of competent jurisdiction in the Province of Ontario.
Governing Law
This Agreement shall be governed in all respects by the laws of the Province of Ontario without regard to the conflict of law provisions of such province. This Agreement shall be binding upon the successors and assigns of the respective parties.
No Assignment
This Agreement may not be assigned by either party without the prior written consent of the other party.
Waiver, Amendment, or Modification
No waivers, amendments and/or modifications to this Agreement shall be deemed valid and/or binding unless expressed in writing and agreed upon and signed voluntarily by both the Photographer and the Clients.
Severability
Any invalidity, in whole or in part, of any provision of this Agreement shall not affect the validity of any other of its provisions.
Force Majeure
The Photographer and any of its employees or agents shall not be in breach of this Agreement for any delay or failure in performance caused by reasons out of its reasonable control. This includes, but is not limited to, acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Photographer.
Further Assurances
Upon a party's reasonable request, the other party shall, at its sole cost and expense, execute and deliver all such further documents and instruments, and take all such further acts, necessary to give full effect to this Agreement.
Counterparts
This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. This Agreement page provided shall be deemed to have the same legal effect as the delivery of a signed copy of this agreement upon confirmation of booking.
Electronic Signatures
This Agreement and related documents entered into in connection with this Agreement are signed when a Client receives confirmation of booking, and these signatures must be treated in all respects as having the same force and effect as original signatures.